(→Colorado: ce) |
(→Oklahoma: add) |
||
| Line 1,103: | Line 1,103: | ||
Oklahoma State Election Board |
Oklahoma State Election Board |
||
| + | -------- |
||
Oklahoma law instructs the State Election Board to print the names of |
Oklahoma law instructs the State Election Board to print the names of |
||
Revision as of 22:11, 2 February 2009
A number of people have contacted their State Elections boards or State Secretaries of State to find out if candidates are vetted for eligibility for the office of the president, and how they are vetted.
The responses have been that the states do not verify the qualifications of the candidates.
State responses
Alabama
Thank you for your question regarding the state policy on eligibility requirements for candidates placed on the election ballots.
I believe that Attorney General’s Opinion 98-200 is helpful in addressing your question. This opinion concludes that the Secretary of State does not have the obligation to evaluate all of the qualifications of the nominees of political parties and independent candidates for state offices prior to certifying the nominees and candidates to the probate judges. The opinion also notes that if the Secretary of State gains knowledge from an official source arising from the performance of duties prescribed by law, that a candidate has not met a certifying qualification, the Secretary of State should not qualify the candidate.
For your convenience, I am sending an attachment of Attorney General’s Opinion 98-200.
Pursuant to Code of Alabama 1975, sec 17-14-31(a) – (b), to be certified as a Presidential or Vice Presidential candidate by the Alabama Secretary of State for the general election, an independent candidate must file a petition containing the signatures of at least five thousand (5,000) qualified electors of the state. The petitions must also include the addresses of the petitioners. The petitions must be submitted to the Secretary of State no later than September 6 preceding the election day. The Secretary of State is responsible for verifying signatures on the petition and determining whether the candidate fulfilled the Ala. Code, sec. 17-14-31 requirements to gain ballot access.
You can access Code of Alabama 1975, sec 17-14-31 online at the following website: http://alisdb.legislature.state.al.us/acas/CodeOfAlabama/1975/coatoc.htm
The Secretary of State’s website contains other helpful information regarding ballot access independent candidates at the following link: http://www.sos.state.al.us/Elections/2008/ElectionInfo2008.aspx
I hope this information is helpful to you. If we can help you further, please let me know.
Sincerely,
Rob Johnston
Elections Attorney
Office of the Secretary of State
State of Alabama
Phone: 334.242.4337
Fax: 334.242.2444
Attachment
Alaska
Dear XXX
Thank you for contacting our office with your inquiry as to who determines a presidential candidate’s eligibility to appear on a ballot for the Sate of Alaska. I have forwarded your email to the Director for the Division of Elections and they will respond to your question.
We appreciate that you took the time to contact our office. If you should need any further assistance, feel free to get in touch with us.
Wishing you a Blessed New Year!
Cindy Sims
Special Assistant
Office of Lieutenant Governor Sean Parnell
907.269.7460
Alaska Lieutenant Governor Sean Parnell's Home Page
Lieutenant Governor Parnell asked me to respond to your email since the division of elections oversees the day to day operations related to your question regarding the processes the State of Alaska follows in determining the eligibility of candidates for ballot placement.
Dear XXX
The Division of Elections determines eligibility of a candidate following the laws outlined in the Alaska Constitution, Title 15 of the Alaska Statutes and in Title 6 of the Alaska Administrative Code. Candidates who are filing as a recognized political party candidate for state or congressional offices or as a judicial candidate for retention complete a Declaration of Candidacy. State or congressional candidates who are not affiliated with a recognized political party may obtain ballot access in the general election by filing as a Nominating Petition or write-in candidate. Forms submitted under these processes are reviewed by the division’s staff and the director to determine eligibility of a candidate based on adherence to Alaska’s laws in conjunction with the information provided by the candidate on the form. If the director determines that the candidate has met the requirements of the law for that office he/she is certified for the ballot.
Title 6 of the Alaska Administrative Code allows any person to question the eligibility of a candidate who has filed a declaration or nominating petition with the director for a statewide or districtwide office, by filing a complaint with the director. A complaint regarding the eligibility of a candidate must be received by the director not later than the close of business day on the 10th day after the filing deadline for that office for which the candidate seeks election. Additional Authorities: AS 15.25.042-043, 15.25.185 and 6AAC 25.260.
The names of presidential candidates, associated with recognized political parties in Alaska, are submitted to the division by providing our office with a certificate of nomination listing the names of their candidates for president and vice president. Candidates for president and vice president who are not associated with a recognized political party in Alaska may file as an Independent, Limited Political Party or write-in candidate. Candidates who file through the Independent or Limited Political Party processes are required to file a petition at least 90 days before a presidential general election. Write-in candidates obtain ballot access by submitting a Letter of Intent to the director no later than 48 days prior to the general election.
Alaska law does not provide guidelines for requiring presidential candidates to submit documentation when their names are submitted to the division for ballot placement. Because it is the parties who submit their presidential nominations to our office, the state believes it is their responsibility to confirm that their presidential candidates meet the requirements of the United States Constitution for that office. Additionally, the Federal Election Commission (FEC) may require documentation from presidential candidates showing that they meet the qualifications for president and vice president along with any financial or campaign reports or documents that the candidate may file. You may wish to contact the individual parties or the FEC for more information on their requirements.
Please feel free to contact me if you have any questions.
Thank you,
Lauri Wilson
Arizona
The Arizona Revised Statutes provide information on Elections and Electors in Title 16. The revised statutes and Arizona Constitution may be viewed on the Arizona Legislature website http://www.azleg.gov The registered political parties in Arizona submit to the Secretary of State their party's nominees for President and Vice President. Presidential Electors file nomination documents with the Secretary of State and the information is provided to the Arizona Counties for that county's General Election ballot.
Nancy Read
Since Ms. Read's statement was somewhat vague and ambiguous, she was prodded subsequently with this followup correspondence:
Thank you for your response Ms. Read. Do I understand correctly that the Arizona Secretary of State's office does not verify that the eligibility of candidates that the political parties have backed ? Does your office not do any vetting of candidates to ensure that they meet the requirements of the office?
Thank you very much
Ms. Read then replied:
The Presidential Electors file nomination documents with the Secretary of State. You may wish to check with the parties as to their procedures.
Nancy Read
Arkansas
Mr. Obama's name was duly certified to the Secretary of State's office by the state and national Democratic Party. The eligibility of any candidate can be challenged only in a judicial proceeding, and no such case has been filed in Arkansas. A copy of Article II, Section 1 is below.
Article II
Section 1. The executive power shall be vested in a President of the United States of America. He shall hold his office during the term of four years, and, together with the Vice President, chosen for the same term, be elected, as follows: Each state shall appoint, in such manner as the Legislature thereof may direct, a number of electors, equal to the whole number of Senators and Representatives to which the State may be entitled in the Congress: but no Senator or Representative, or person holding an office of trust or profit under the United States, shall be appointed an elector.
The electors shall meet in their respective states, and vote by ballot for two persons, of whom one at least shall not be an inhabitant of the same state with themselves. And they shall make a list of all the persons voted for, and of the number of votes for each; which list they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the President of the Senate. The President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates, and the votes shall then be counted. The person having the greatest number of votes shall be the President, if such number be a majority of the whole number of electors appointed; and if there be more than one who have such majority, and have an equal number of votes, then the House of Representatives shall immediately choose by ballot one of them for President; and if no person have a majority, then from the five highest on the list the said House shall in like manner choose the President. But in choosing the President, the votes shall be taken by States, the representation from each state having one vote; A quorum for this purpose shall consist of a member or members from two thirds of the states, and a majority of all the states shall be necessary to a choice. In every case, after the choice of the President, the person having the greatest number of votes of the electors shall be the Vice President. But if there should remain two or more who have equal votes, the Senate shall choose from them by ballot the Vice President.
The Congress may determine the time of choosing the electors, and the day on which they shall give their votes; which day shall be the same throughout the United States. No person except a natural born citizen, or a citizen of the United States, at the time of the adoption of this Constitution, shall be eligible to the office of President; neither shall any person be eligible to that office who shall not have attained to the age of thirty five years, and been fourteen Years a resident within the United States.
In case of the removal of the President from office, or of his death, resignation, or inability to discharge the powers and duties of the said office, the same shall devolve on the Vice President, and the Congress may by law provide for the case of removal, death, resignation or inability, both of the President and Vice President, declaring what officer shall then act as President, and such officer shall act accordingly, until the disability be removed, or a President shall be elected.
The President shall, at stated times, receive for his services, a compensation, which shall neither be increased nor diminished during the period for which he shall have been elected, and he shall not receive within that period any other emolument from the United States, or any of them.
Before he enter on the execution of his office, he shall take the following oath or affirmation:--"I do solemnly swear (or affirm) that I will faithfully execute the office of President of the United States, and will to the best of my ability, preserve, protect and defend the Constitution of the United States."
Joe Woodson
California
Dear XXX:
Thank you for contacting the Secretary of State with your question about the Secretary of State’s responsibility regarding the authenticity of a presidential candidate’s birth certificate.
While the Secretary of State certifies candidates for the ballot, each political party is responsible for nominating the candidate they wish to place on the ballot. You may view the Presidential Candidate Qualification Procedures for the February 5, 2008, Presidential Primary Election on our website at http://www.sos.ca.gov/elections/elections_runningforoffice_08.htm.
You may wish to contact the candidate’s political party with your questions and concerns. Contact information for all the qualified political parties can be found on our website at http://www.sos.ca.gov/elections/elections_f.htm.
Thank you for contacting the Secretary of State. We hope this information is helpful to you. If you have questions about this or another matter related to the Secretary of State’s office, please contact our Legislative and Constituent Affairs at (916) 653-6774.
Sincerely,
Legislative and Constituent Affairs
Secretary of State
Colorado
Dear Concerned Voter: The Colorado Secretary of State's office, has received numerous calls and emails inquiring into the procedures undertaken to ensure that presidential candidates are qualified to be placed on the ballot. This email is intended to answer your questions regarding the qualifications of candidates for the office of President of the United States.
First, please understand that, pursuant to Colorado statute, the process of nominating and certifying presidential candidates to the ballot is party-oriented; candidates are certified to the state and, therefore, the legal responsibility for confirming citizenship (or any other qualification) lies with the certifying entity.
Any questions regarding the qualifications of a presidential candidate should be directed to the parties, who are the certifying entities in this case. Second, if you wish to challenge the qualifications of a Presidential candidate, the proper forum is the district court, not the Secretary of State's office. Because the nomination and certification of candidates is purely a party function, this office lacks the authority to investigate complaints levied against a particular candidate's eligibility or qualifications for office. Please see section 1-4-909, C.R.S., for more information regarding challenges to a candidate's qualifications.
In sum, please direct any inquiries regarding the qualifications of candidates to the respective parties. If you wish to challenge these qualifications, you must do so in district court. Thank you for contacting the Secretary of State's office.
Elections Division
Colorado Secretary of State Elections Division
1700 Broadway, Suite 270 Denver, CO 80290
Connecticut
Dear XXX:
Thank you for writing to me with regard to my office's responsibility for vetting candidates for the office of President of the United States .
As Secretary of the State of Connecticut , I do not have the statutory authority to remove a candidate from the ballot unless that candidate officially withdraws by filing a form with my office to that effect. Likewise, neither the Connecticut General Statutes nor the Constitution of the State of Connecticut authorizes me to investigate a Presidential candidate's eligibility to run for the office of President of the United States . Connecticut Attorney General Richard Blumenthal testified and offered this legal opinion on the matter at a Connecticut Superior Court hearing in response to a lawsuit filed on November 3 by a Connecticut resident who challenged the eligibility of Senator (now President-Elect) Barack Obama to appear in the Connecticut ballot.
On November 3, 2008 Connecticut State Supreme Court Chief Justice Chase T. Rogers dismissed the case after hearing testimony from my attorneys and State Attorney General Richard Blumenthal and the Greenwich resident who filed the action. The plaintiff, Cort Wrotnowski, alleged that I should not have placed Senator Obama's name on the ballot. The court was satisfied that officials in Hawaii have stated that there is no doubt that the Democratic presidential candidate was born there and that the state's health department possesses Senator Obama’s original birth certificate. This is now a matter of public record.
Thank you for writing, and please feel free to call me at (860) 509-6200 if you wish to speak with me about this matter.
Sincerely,
Susan Bysiewicz
Secretary of the State
Delaware
They are not vetted my office. We receive the nominations from the parties who have nominated them.
Elaine Manlove
State Election Commissioner
111 S. West Street, Suite 10
Dover, DE 19904
Phone: (302) 739-4277
Fax: (302) 739-6794
Florida
Mr. XXX:
Thank you for inquiring about the determination of a candidate's eligibility to run for President of United States. The Florida Department of State does not have investigative or enforcement authority to ensure that major partiesʼ Presidential candidates are properly qualified to be President of the United States. The U.S. Constitution establishes the qualifying requirements for President. Under Florida law, the way in which a major party's candidate is placed on the ballot is that the state executive committee of each political party submits its slate of presidential electors for its candidate before September 1st of each presidential election year; then, by law, the names of candidates are printed on the ballot. Those candidates are not required to provide any documents to the State that they meet the qualifications for office.
The Florida Secretary of State performs only a ministerial function. So, the Secretary has no authority or responsibility to look beyond the filing documents to determine if a candidate is eligible. If a candidate (or the party in the case of a major political party nominating someone as a Presidential candidate) files the necessary paperwork, which papers are complete on their face, the Secretary must qualify the candidate.
Any challenge to the qualifications of a U.S. Presidential candidate should be made in a court of competent jurisdiction. The Department of Justice in Washington, D.C., may also be a resource for information or inquiry on this matter. Contact information for the Department of Justice is: AskDOJ@usdoj.gov.; phone: 202-514-2000; and U.S. Department of Justice, 950 Pennsylvania Avenue, NW. Washington, DC 20530-0001.
I hope you find this information helpful.
Charlotte Wheeler
General Counsel Office
R.A. Gray Building
500 S. Bronough St
Tallahassee FL 32399
(850) 245-6536
cawheeler@dos.state.fl.us
Florida Department of State
Office of the Secretary of State
R.A. Gray Building
500 South Bronough Street
Tallahassee, Florida 32399-0250
Telephone: (850) 245-6500
Fascimile: (850) 245-6125
Website: www.dos.state.fl.us
Georgia
Thank you for your inquiry into Senator Barack Obama's appearance on Georgia's ballot as the Democratic National Party's candidate for President of the United States.
Recently, a lawsuit was filed claiming that Mr. Obama is not qualified to run for President and should not appear on Georgia's ballot. See Terry v. Handel, In the Superior Court of Fulton County, State of Georgia, Civil Action File No. 2008CV158774. On October 24, 2008, the Court entered an Order recognizing that in Georgia, as elsewhere in the United States, voters cast their ballots for "presidential electors," rather than directly for a candidate, when voting for the office of President of the United States. See, e.g., U.S. Const. art. II, § 1, cl. 3; O.C.G.A. § 21-2-172. Because of this, the Secretary of State of Georgia does not have the authority to refuse to allow someone to be listed as a candidate for President of the United States when such individual has been properly nominated by a political party. See O.C.G.A. §§ 21-2-172 to 21-2-200. Rather, Georgia law imposes duties simply for the examination of presidential electors. O.C.G.A. § 21-2-172. The political parties' candidates for President of the United States are typically determined through a political party's convention. O.C.G.A. § 21-2-191 to 21-2-200. Therefore, any concerns you may have regarding the qualifications of Mr. Obama to remain on Georgia's ballot as a candidate for President of the United States should be directed to the Democratic National Party.
I hope this information is helpful to you and thank you for your concern.
Rhonda M. Brown
Operations Coordinator
SOS Elections Division
Here is the relevant section from Geogia law on this issue:
Federal and State Office (O.C.G.A. § 21-2-5):[1]
All candidates certified for federal or state offices by the state executive committee or who file a notice of candidacy shall meet the constitutional and statutory qualifications for holding the office sought.
The Secretary of State may challenge the qualifications of any candidate at anytime prior to the election of such candidate.
In addition, within two weeks after the close of qualifying, any voter eligible to vote for such candidate may challenge the qualifications of a candidate. The challenge shall be in writing and the voter must state the reason(s) why the voterbelieves the candidate is not qualified to hold the office he or she is seeking.[2][3]
Hawaii
Aloha Mr. XXX,
Attached are two factsheets, "Candidate Filing Process" and "Petition to place the names of candidates for president and vice president on the State of Hawaii ballot". If you have any further questions, please feel free to contact us.
Thank you.
- FACTSHEET: CANDIDATE FILING PROCESS, 2008 ELECTIONS
- FACTSHEET: THE PETITION PROCESS TO PLACE THE NAMES OF CANDIDATES FOR PRESIDENT AND VICE PRESIDENT ON THE STATE OF HAWAII 2008 GENERAL ELECTION BALLOT
Idaho
There are three Idaho Code sections that speak to presidential candidates appearing on the ballot.
34-711. CERTIFICATION OF CANDIDATES FOR PRESIDENT, VICE PRESIDENT AND PRESIDENTIAL ELECTORS. The state chairman of each political party shall certify the names of the presidential and vice-presidential candidates and presidential electors to the secretary of state on or before September 1, unless a five (5) day extension is granted by the secretary of state, in order for them to appear on the general election ballot. The secretary of state shall certify such candidates to the county clerks at the same time as certification of political party candidates nominated for state and federal offices by the voters in the primary election.
34-708A. INDEPENDENT CANDIDATES FOR PRESIDENT AND VICE-PRESIDENT. Persons who desire to be independent candidates for the offices of president and vice-president, must file, prior to August 25 of the election year, declarations of candidacy as independent candidates. Such declarations must state that such persons are offering themselves as independent candidates and must declare that they have no political party affiliation. The declarations shall have attached thereto a petition signed by a number of qualified electors not less than one percent (1%) of the number of votes cast in this state for presidential electors at the previous general election at which a president of the United States was elected.
The candidates for president and vice-president shall be considered as candidates for one (1) office, and only one (1) such petition need be filed for both offices.
Signatures on the petitions required in this section shall be verified in the manner prescribed in section 34-1807, Idaho Code.
34-711A. CERTIFICATION OF INDEPENDENT PRESIDENTIAL ELECTORS. Independent candidates who have qualified for ballot status pursuant to section 34-708A, Idaho Code, shall certify the names of presidential electors to the secretary of state on or before September 1, in order for them to appear on the general election ballot. The secretary of state shall certify the independent presidential electors, and the independent candidates for president and vice-president, to the county clerks on or before September 7.
Patricia Herman
Webmaster
Idaho Secretary of State's Office
450 N 4th Street
Boise ID 83720
(208) 332-2828 voice
(208) 334-2847 fax
www.sos.idaho.gov
Illinois
In the primary the presidential candidates files petitions. For the general election the president & vice president is chosen at the convention. We do not check for anything. It is up to someone to file an objection against a candidate. On our website under voting and elections in the center column you can find the 2008 presidential guide.
Kay Walker
Indiana
This is in response to the question in your email: “How does your state determine that a candidate is eligible to appear on the ballot?” In Indiana, state law governs this issue. In general, our office performs a non-discretionary function when receiving candidate filings. In other words, state law allows our office to reject a candidate filing in very limited circumstances. For example, we are required to reject a candidate’s filing if it is not tendered to our office by the statutory deadline. In addition, we must reject a filing that is not tendered on the most recent candidate form approved by the Indiana Election Commission. However, state law requires that we accept a candidate filing tendered in a timely manner and on the appropriate form.
Once filed, Indiana has an “administrative challenge procedure” that allows a registered voter to challenge the qualifications of a candidate. For example, this administrative challenge procedure would be the method to raise an issue as to whether a presidential candidate met the "natural born citizen" requirement contain in the U.S. Constitution.
In short, state law does not give our office the authority to investigate the qualification of a candidate in this regard. Instead, state law (specifically IC 3-8-1-2) requires that a registered voter of the election district (the state of Indiana for a presidential candidate) to file a timely sworn statement on state form CAN-1 before the Commission is permitted to exercise jurisdiction to consider the challenge to the candidate’s qualification. The Commission does not act in the role as the investigator of candidates with respect to this type of qualification issue. Instead, the Commission acts in the role of judge in considering candidate challenges brought to it. This is the way that the state legislature established the rules regarding challenges to a candidate’s qualifications.
A presidential candidate, like Barack Obama, could have been administratively challenged as a primary candidate if a registered voter in Indiana had filed a state form CAN-1 with our office by noon February 29, 2008, pursuant to IC 3-8-3-7, IC 3-8-2-18 and IC 3-8-1-2. When I say “administratively challenged” I mean, had a timely CAN-1 been filed by noon February 29 with our office, then the Indiana Election Commission, a bi-partisan administrative body, would have considered the challenge before the primary election. In fact, a registered voter in Indiana did file a CAN-1 before noon February 29 challenging the candidacy of John McCain. The challenge claimed that John McCain failed to submit the required signatures to obtain ballot access in the primary. In that case, the Commission voted 4-0 to deny the challenge and keep John McCain on the ballot. However, there was no challenge filed as to the qualifications of Barack Obama in Indiana.
At this point in time there is no administrative process in place that would permit a person to challenge a presidential candidate. As you know, the presidential electors have all now met and cast their votes and congress has now confirmed the results of the election. However, I am aware that there are several pending court cases that have challenged the qualifications of Barack Obama to assume and hold office as president. At this point if there is any remedy available to challenge the qualifications of Barack Obama it would be a judicial remedy. I offer no opinion as to whether there is a judicial remedy or whether there is any merit to the claims made by some that Barack Obama is not qualified to assume or hold office as president. However, if you are interested in the progress of these cases I would suggest that you monitor the progress of these cases in the print media or online.
Dale R. Simmons
Co-General Counsel
Indiana Election Division
(317) 232-3929
(800) 622-4941
Fax (317) 233-6793
www.in.gov/sos/elections
If a person is unclear concerning general election law provisions, the Election Division can be used as an interpretative resource. However, where important legal rights are concerned you should
Iowa
The eligibility requirements of candidates for the office of President of the United States are set by the federal government in the US Constitution which I have pasted below. Our state does not determine the eligibility of candidates for President. Thank you.
Article. II. Section. 1. The executive Power shall be vested in a President of the United States of America. He shall hold his Office during the Term of four Years, and, together with the Vice President, chosen for the same Term, be elected, as follows:
Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in the Congress: but no Senator or Representative, or Person holding an Office of Trust or Profit under the United States, shall be appointed an Elector.
The Electors shall meet in their respective States, and vote by Ballot for two Persons, of whom one at least shall not be an Inhabitant of the same State with themselves. And they shall make a List of all the Persons voted for, and of the Number of Votes for each; which List they shall sign and certify, and transmit sealed to the Seat of the Government of the United States, directed to the President of the Senate. The President of the Senate shall, in the Presence of the Senate and House of Representatives, open all the Certificates, and the Votes shall then be counted. The Person having the greatest Number of Votes shall be the President, if such Number be a Majority of the whole Number of Electors appointed; and if there be more than one who have such Majority, and have an equal Number of Votes, then the House of Representatives shall immediately chuse by Ballot one of them for President; and if no Person have a Majority, then from the five highest on the List the said House shall in like Manner chuse the President. But in chusing the President, the Votes shall be taken by States, the Representation from each State having one Vote; a quorum for this Purpose shall consist of a Member or Members from two thirds of the States, and a Majority of all the States shall be necessary to a Choice. In every Case, after the Choice of the President, the Person having the greatest Number of Votes of the Electors shall be the Vice President. But if there should remain two or more who have equal Votes, the Senate shall chuse from them by Ballot the Vice President [Modified by Amendment XII].
The Congress may determine the Time of chusing the Electors, and the Day on which they shall give their Votes; which Day shall be the same throughout the United States.
No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any Person be eligible to that Office who shall not have attained to the Age of thirty five Years, and been fourteen Years a Resident within the United States.
In Case of the Removal of the President from Office, or of his Death, Resignation, or Inability to discharge the Powers and Duties of the said Office, the Same shall devolve on the Vice President, and the Congress may by Law provide for the Case of Removal, Death, Resignation or Inability, both of the President and Vice President, declaring what Officer shall then act as President, and such Officer shall act accordingly, until the Disability be removed, or a President shall be elected [Modified by Amendment XXV].
The President shall, at stated Times, receive for his Services, a Compensation, which shall neither be increased nor diminished during the Period for which he shall have been elected, and he shall not receive within that Period any other Emolument from the United States, or any of them.
Before he enter on the Execution of his Office, he shall take the following Oath or Affirmation: — "I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States."
Sincerely,
gina fontanini
office of the secretary of state
1007 e grand ave
state capitol
room 105
des moines iowa 50319
Kansas
If a candidate for president is an independent candidate, they submit a petition to this office. Beyond reviewing the petition we do not review their other qualifications for office. If a candidate represents a recognized political party, we accept the official certificate from the nominating convention signed by an officer of the convention. We do not conduct background checks on the candidates or verify their qualifications. If someone suspects a candidate is not qualified to hold the office, the person may file an objection to the candidacy. An objection results in an administrative hearing.
BRAD BRYANT
State Election Director
Kansas Secretary of State
785-296-4599 P | 785-291-3051 F
Memorial Hall, 1st Floor | 120 SW 10th Ave. | Topeka, KS 66612-1594
www.kssos.org
Check before you give: www.kscharitycheck.org
Kentucky
Ms. Hulsey,
In response to your inquiry. As a filing official, the Secretary of State does not determine qualification or eligibility of candidates. The Secretary of State's Office is ministerial in its duties. Our office has no legal authority to investigate the qualifications of a candidate or the information a candidate provides on his/her filing forms. For further guidance on challenging a candidate's qualifications, you may want to review Kentucky Revised Statute, Section 118.176. You can locate these statutes at: www.lrc.ky.gov. Click on Kentucky Laws, then choose the "Title/Chapter" option and scroll down to "Chapter 118". You should be able to locate the previous mentioned statute there.
If we may provide any further assistance, please let us know.
Sincerely,
Kim Bagwell[4]
Louisiana
Mr. XXX, the secretary of state in Louisiana has a ministerial and mandatory duty to accept to accept qualifying papers from any individual who offers himself or herself as qualified for an office. The law prevents Secretary Dardenne from judging the qualifications of potential candidates. Likewise he cannot legally require potential candidates to show birth certificates in order to be placed on the ballot. Again, it would be against the law for this office to refuse to accept qualifying papers from any potential candidate. This has been upheld by two different opinions from the Department of Justice.
The concept of qualifcation to hold the office of the presidency is a Constitutional issue. Please contact your representatives in Congress with your concerns.
Jacques Berry, Press Secretary
Secretary of State Jay Dardenne
(o) 225.362.5103 (c) 225.202.2166
www.GeauxVote.com
Maine
Thank you for your inquiry. Each political party, as defined and qualified under by Maine Election law Title 21-A Chapter 5, may put forward its own nominees for President and Vice President along with its own slate of candidates for presidential elector.
In this recently concluded election cycle, three parties -- the Democratic Party, the Green Independent Party, and the Republican Party -- met all requirements to have the names of their respective nominees for the offices of President and Vice President placed on the ballot. Under Title 21-A §801, votes cast for a parties Presidential and Vice Presidential ticket are actually votes that party’s slate of electors to the Electoral College.
In addition, a candidate for President may qualify to appear on the ballot by way of nominating petition, as described in Title 21-A §354. The petition must include the names of the candidates for President and Vice President, along with the slate of electors; and it must include the signatures of at least 4,000 registered Maine voters. In this recently concluded election cycle, Ralph Nader and running mate Matt Gonzalez, qualified to be placed on the ballot through this process.
The Secretary of State’s determination of the names to be placed on the ballot is thus based on the Secretary’s determination as to the qualifications of the political parties, and the Secretary’s determination on the sufficiency and validity of any petition effort.
Sincerely,
John Smith
John T. Smith
Deputy Secretary of State
148 State House Station
Augusta, Maine 04333-0148
Phone: 207-626-8409
Fax: 207-287-8598
Maryland
Good Morning.
Presidential candidates are certified by the Secretary of State to appear on the ballot. For more information, you may visit http://sos.state.md.us/PresPrimaryBallot.htm.
Have a great day.
Sincerely,
Christine E. Oswald
Maryland State Board of Elections
151 West Street, Suite 200
Annapolis, MD 21401
Massachusetts
Thank you for your inquiry. Please click here to visit the section of our website that contains information on running for President in Massachusetts. For information on other offices you may review our booklet, Don’t Just Stand There Run!: A Candidates Guide to the 2008 State Election (pdf). Keep in mind the information contained in both links pertains to this past 2008 election and is subject to change for future elections. Please do not hesitate to contact this office should you have any additional questions.
Regards,
Elections Division
Michigan
Greetings: Please be advised that the state central committee of each political party qualified to appear on the ballot certifies the names of its nominees for U.S. President and Vice-President to the Secretary of State under the signatures of the chairperson and secretary of the committee. (See MCL 168.686) Copies of the nominees' birth certificates or birth records are not required.
Thank you for writing. Please do not hesitate to contact this office if you have any questions.
Best Regards,
Bradley S. Wittman, Director
Election Liaison Division
Michigan Department of State
Bureau of Elections
Phone: (517) 373-2540
Minnesota
Thank you for your email dated November 13, 2008.
The Office of the Secretary of State is responsible for administering elections in Minnesota . This office does not have the jurisdiction to investigate the eligibility of candidates for federal office. Under Article II, Section I of the United States Constitution, it is the responsibility of the United States Congress to ascertain whether candidates for federal offices meet the eligibility requirements. Congress has the discretion to count, or object to counting, the electoral votes following the General Election. You may wish to contact your United States Senators and your United States Representative directly to share your concerns. Information on who represents you can be found at: http://geo.commissions.leg.state.mn.us/districts/start.html
Again, thank you for contacting this office.
Sincerely,
KATE MOHN
Office of the Secretary of State
Mississippi
Mr XXX,
The names of party candidates for president and vice president are submitted by the parties and are checked by the parties. The qualifications of independent candidates are checked by our office and verified at the State Board of Election Commissioners meeting where they set the sample ballot. Let me know if you have any questions.
Robbie Vance
Mr. XXX:
The State Board of Election Commissioners is responsible for determining the qualifications of candidates for statewide office (including electors for President and Vice-President). Those individuals who have been nominated by a political party or who have filed appropriate petitions to be independent candidates are reviewed by the SBEC at a meeting approximately ninety days prior to the election. The SBEC consists of the Governor, the Secretary of State and the Attorney General.
jh
John C. Helmert, Jr.
Assistant Secretary of State, Elections Division
Mississippi Secretary of State's Office
Post Office Box 136
Jackson, Mississippi 39205-0136
(601) 359-6360
(601) 359-1499 (facsimile)
john.helmert@sos.ms.gov
PLEASE MAKE A NOTE OF THE NEW E-MAIL ADDRESS ABOVE
Missouri
Dear XXX
Your message has been forwarded to the Elections Division. You should receive a reply soon! If you need to speak to them in person, their phone number is 573-751-2301.
Deanna Jones
Office of the Secretary of State - Robin Carnahan
Missouri State Library
The nominations for president and vice president are made by their political parties.
Although the names of the parties' nominees appear on the ballot, voters are in fact voting for presidential electors.
Kay Dinolfo
Elections Division
Missouri Secretary of State
www.sos.mo.gov
Montana
Thank you for your interest in Montana elections.
The filing functions of this office are ministerial -- in other words, we accept paperwork filed here in the manner prescribed by Montana law. Those laws for placing "presidential candidates" on the ballot work differently than you might expect. Technically, votes for President are cast for a slate of three delegates to the Electoral College, not for a candidate. However, those delegates are pledged to vote for a particular candidate, and the name of that candidate is listed on the ballot, rather than the names of the delegates. Every qualified political party in Montana has the right to submit the names of potential delegates to the Electoral College, and to have those delegates pledged to any individual as the candidate they would vote for for President if they were elected to the Electoral College.
So no candidates have to provide a birth certificate or any other documentation to be on Montana's ballot as a candidate for President. Once delegates of a qualified political party are nominated and pledged to a candidate, the candidate is on the ballot without regard to personal acceptance or rejection of the electoral votes.
The requirements of the U.S. Constitution, Article II, Section 2 (No person except a natural born citizen, or a citizen of the United States, at the time of the adoption of this Constitution, shall be eligible to the office of President; neither shall any person be eligible to that office who shall not have attained to the age of thirty five years, and been fourteen Years a resident within the United States) would be settled at the federal level.
Alan Miller
Office of the Montana Secretary of State, Elections
Elections Specialist
(406) 444-5346
Thanks for your inquiry about Barack Obama's eligibility to be on Montana 's ballot as a candidate for President of the United States .
The filing functions of this office are ministerial -- in other words, we accept paperwork filed here in the manner prescribed by Montana law. Those laws for placing "presidential candidates" on the ballot work differently than you might expect. Technically, votes for President are cast for a slate of three delegates to the Electoral College, not for a candidate. However, those delegates are pledged to vote for a particular candidate, and the name of that candidate is listed on the ballot, rather than the names of the delegates. Every qualified political party in Montana has the right to submit the names of potential delegates to the Electoral College, and to have those delegates pledged to any individual as the candidate they would vote for President if they were elected to the Electoral College.
So Barack Obama would not have to provide a birth certificate or any other documentation to be on Montana 's ballot as a candidate for President. In fact, he would not even get a say in the matter. Once delegates of a qualified political party are nominated and pledged to him, he is on the ballot without regard to his personal acceptance or rejection of those votes.
The requirements of the U.S. Constitution, Article II, Section 2 (No person except a natural born citizen, or a citizen of the United States, at the time of the adoption of this Constitution, shall be eligible to the office of President; neither shall any person be eligible to that office who shall not have attained to the age of thirty five years, and been fourteen Years a resident within the United States) would be settled at the federal level.
Shannon H. Stevens
Legislative Specialist
Elections Division
Office of the Montana Secretary of State
(406) 444-4732
Nebraska
Below are the relevant state statues regarding your question.
32-613 President; nominating petition; consent of candidate required; form of petition. Any petition to place a person's name on the primary election ballot for President of the United States shall contain the names of not less than one hundred voters registered with the appropriate political party from each congressional district of the state. The name of the candidate for President shall be placed upon the ballot only when written consent of such person has been filed with the Secretary of State not less than sixty days before the primary election. The form of the petition shall comply with the requirements of section 32-628 and shall as nearly as possible conform to the form prescribed by the Secretary of State.
32-614 President; petition candidates or advocated or recognized candidates; placing on ballot; affidavit of rejection of candidacy; purged candidate, when. The names of persons in the political party (1) who are presented by petition of their supporters to be party candidates for President of the United States or (2) who have been determined by the Secretary of State to be generally advocated or recognized as candidates in national news media throughout the United States shall be printed on the primary election ballot for the office of President of the United States. If a person does not want his or her name on the Nebraska primary election ballot, he or she shall, by March 10 of the presidential election year, execute and file an affidavit with the Secretary of State stating without qualification that he or she is not now and does not intend to become a candidate for office of President of the United States at the next presidential election in Nebraska or any other state. If a presidential candidate files such affidavit removing his or her name and subsequently becomes a presidential candidate in another state, the candidate's affidavit in Nebraska shall be purged and shall have no force and effect. The Secretary of State shall then place such candidate's name on the primary election ballot.
32-620 President and Vice President; candidates; certification; new political party; how treated; requirements. Partisan candidates for the offices of President and Vice President of the United States on the general election ballot shall be certified to the Governor and Secretary of State by the national nominating convention as provided by law. Candidates for the offices of President and Vice President of the United States of newly established political parties or of nonpartisan status may obtain general election ballot position by filing with the Secretary of State: (1) An application containing: (a) The name or names to be printed on the ballot; (b) The status of the candidacy, whether nonpartisan or partisan; (c) The written consent of the designated vice-presidential candidate to have his or her name printed on the ballot; and (d) The names and addresses of the persons who will represent the applicant as presidential elector candidates together with the written consent of such persons to become candidates; and (2) A petition signed by not less than two thousand five hundred registered voters. Such petitions shall conform to the requirements of section 32-628 and shall not be circulated until after the date of the primary election in that election year. Registered voters who voted in the primary election of any political party that held a presidential preference primary election that year shall be ineligible to sign the petitions of any other candidate for president.
32-712 President and Vice President; candidates; certification of names and addresses; time; Secretary of State; place names on ballot. Not later than September 8 prior to any general election at which candidates for President and Vice President of the United States are to be voted upon by the registered voters of the state, the appropriate officers of the various national political party conventions shall certify the names and addresses of such candidates selected by convention to the Secretary of State. The Secretary of State shall then take appropriate steps to place the names of the presidential and vice-presidential candidates on the ballot.
Katie N. Swink
Nebraska Secretary of State
Elections Division
Ph: 402-471-2555
Forwarded by Katie Swink/SOS/NEBRLN on 01/13/2009 02:24 PM -----
Shelley Harrold/SOS/NEBRLN
01/09/2009 11:21 AM
To
Katie Swink/SOS/NEBRLN@NEBRLN
cc
Subject Fw: Ascertaining the eligibility of candidates on the ballot
Will you have Neal respond to this inquiry? Thanks!
SH
Nevada
In response to your inquiry regarding the citizenship qualifications of presidential candidate Barack Obama, the qualifications for President of the United States are established in the U.S Constitution, Article 2, Section 1. Unlike other candidates for office, Senator Obama does not file a Declaration of Candidacy with the Nevada Secretary of State. See NRS 293.177; NRS 293.185. Major party presidential candidates qualify for the ballot by nomination from their respective political parties. The Secretary of State has received certifications from both the Democratic and Republican parties certifying Senator Barack Obama and Senator John McCain as their respective candidates for the Presidency. See id. Accordingly, the Secretary of State has no authority to inquire beyond the certifications from the political parties into the qualifications of the candidates for Presidency.
Moreover, because the qualifications of presidential candidates are ultimately a federal question, you may wish to lodge your inquiry with a federal agency. See U.S. Const. amendment XII. The Department of Justice in Washington , D.C. , may also be a resource for information or inquiry on this matter. Contact information for the Department of Justice is: AskDOJ@usdoj.gov; phone: 202-514-2000; and U.S. Department of Justice, 950 Pennsylvania Avenue , NW. Washington, DC 20530-0001
Sincerely,
The Office of Nevada Secretary of State Ross Miller
New Hampshire
Currently, NH law provides for a candidate for President or Vice-President simply complete a declaration of candidacy and pay a filing fee of $1,000. to have their name placed on the New Hampshire Presidential Primary ballot. The state does not do any vetting of these candidates.
Karen Ladd
To be a candidate for President or Vice President on the New Hampshire presidential primary ballot, the candidate fills out a declaration of candidacy form and pays a $1000. fee. The candidate is signing the declaration of candidacy declaring that he/she is qualified to run for
the office of President or Vice President. This office does not verify that the candidate is qualified. Since the office is a federal one, the candidate must also file with the Federal Election Commission.
Karen Ladd
New Jersey
Any state or federal candidate that runs for office must file his or her nomination petition with the Division of Elections. The Division is not authorized to determine valid signatures. If the petition contains the requisite number of signatures required and the rest of the petitions are in "apparent" conformity, the Division must and will accept them. However, there is an objection period, after the filing deadline, whereby those petitions may be challenged. Once the challenge period ends, those candidates that filed will appear on the ballot.
George A. Nyktas
Election Specialist
Department of State
Help America Vote Act Unit
PO Box 064
Trenton, NJ 08625
(609) 292-3760
George A. Nyktas
Election Specialist
Department of State
Help America Vote Act Unit
PO Box 064
Trenton, NJ 08625
(609) 292-3760
New Mexico
Good Afternoon Mr. XXX:
President and Vice President are determined by the Parties. Not the State's.
I would recommend going to the Federal Election Commission for more information. www.fec.org
I would also recommend contacting Mr. Larry Dominguez with our office regarding your question. His email is as followed: larry.dominguez@state.nm.us
Tracey Littrell
Ethics Administration
Secretary of State Office
325 Don Gaspar, Ste. 300
Santa Fe, New Mexico 87503
505-827-3600
New York
Here is a link to the New York State Board of Elections web page section called Running For Office. This lists the legal requirements for President, Congress and State Legislature as well as the basic legal requirements for ballot access in New York.
http://www.elections.state.ny.us/RunningOffice.html
Thank you for your inquiry into this matter.
Sincerely,
Todd Valentine
Co-Executive Director
NYS Board of Election
Note: at the suggested link, the requirement for running for the US Presidency is listed as "born a citizen" rather than "natural born citizen". Of course, these two are not the same
North Carolina
Hello, this is George Jeter with the North Carolina Secretary of State's Office. I am writing in reply to an email sent by you to this Department regarding details of President-Elect Obama's certification/credentials to become President.
This Department does not administer elections in North Carolina, so this agency did not certify him as a candidate, nor did it certify the results of the election. Those duties and certifications, including approving candidates as being qualified,were administered by the North Carolina State Board of Elections, a completely independent agency from this Department. Here is a link to the NCBOE if you wish to contact them:
Our limited role at the Secretary of State's Office in the presidential election was to serve as host of the Electoral College ceremony and to provide administrative assistant services to the Electors.
We do not have the type of background records regarding President-Elect Obama you refer to in your email nor did we need such documentation for our very limited role in this year's election. And again, we do not certify/approve candidates for office or certify/approve election results.
If you have further questions or concerns, you may also want to contact the U.S. National Archives and Records Administration. That is the federal agency which oversees the Electoral College. Here is a link to them: http://www.archives.gov/federal-register/electoral-college/
Sincerely,
George Jeter
Director of Communications
SOSNC
Candidates for U.S. House, U.S. Senate, state, judicial and county office file for office under the provisions of NC General Statute 163-106. The candidates filing are verified to be active qualified voters, of age, and living in the electoral district.
Candidates for President in the NC primary are submitted by the political parties to the State Board of Elections which puts them on the primary ballot. Persons do not run for the office of Vice-President..that position is filled by the nomination of a national party convention.
Each political party recognized in NC submits it final Presidential nominee to the State Board of Elections, after its national convention, which places the name on the ballot.
We, nor any other state, requires the production of birth certificates by filing candidates. Most voters register using either their Drivers license or Social Security numbers, and these two numbers are issued based upon birth certificate. Federal law and most state law does not require a voter to produce a birth certificate when registering to vote.
Don Wright
North Dakota
Here is the statute for an individual to get their name on the ballot in ND for the office of President.
16.1-12-02. Certificates of nomination by petition – Form and contents. Certificates of nomination for nominees for an office to be filled at a general or special election, except for an office appearing on the no-party ballot, may be made as provided by this section. Except for nominees for president of the United States, names of nominees so nominated must appear on the ballot as independent nominations. The names of nominees for president of the United States may appear on the ballot with a designation, not to exceed five words, that names the organization or political party to which the presidential candidate affiliates. The designation may not falsely indicate an affiliation with or the support of any political party organized in accordance with this title or include any substantive word or phrase that is profane or that is already included in or resembles the name of a political party entitled to a separate column under section 16.1-11-30. Each certificate of nomination by petition must meet the specifications for nominating petitions set forth in section 16.1-11-16. The signatures on the petition must be in the following number:
1. Except as provided in subsection 3, if the nomination is for an office to be filled by the qualified electors of the entire state, there must be no fewer than one thousand signatures.
2. If the nomination is for an office to be filled by the qualified electors of a district less than the entire state, the number of signatures must be at least two percent of the resident population of the district as determined by the most recent federal decennial census, but in no case may more than three hundred signatures be required.
3. If the nomination is for the office of president, there must be no fewer than four thousand signatures.
4. If the petition is for the office of governor or lieutenant governor, it must contain the names and other required information of candidates for both those offices.
Please refer to the information found on this page of our website
http://www.nd.gov/sos/electvote/elections/forms.html
and this brochure about running for president
http://www.nd.gov/sos/electvote/elections/forms.html
for all the information you need to know about running for president in ND.
We do not specifically “vet” the eligibility of the candidates as you have asked, but we do have a bill before the 2009 Legislative Assembly in which we are asking for a modification of the Affidavit of Candidacy form so it can include the following statement, “I have reviewed the requirements to hold office and I certify that I am qualified to serve if elected.” The candidate would then be signing this statement and their signature would be notarized. As I’m sure is true in all states, it is illegal to make a false statement on a government form.
Jim Silrum
ND Deputy SOS
701-328-3660 - Desk
701-328-1690 - Fax
Ohio
There is no provision in Ohio law for challenging the certification of the nominees of major political parties for president and vice president. Thus, there is no eligibility determination.
Sincerely,
Sally E. Warren
Administrative Liaison
Ohio Secretary of State Jennifer Brunner
180 E. Broad Street - 16th Floor
Columbus, OH 43215
614-995-1697
Fax: 614-485-7062
swarren@sos.state.oh.us
Oklahoma
Dear XXX:
Because the Office of the Oklahoma Secretary of State is not involved in the administration of elections, your email has been forwarded to the:
OKLAHOMA STATE ELECTION BOARD
Room B-6, State Capitol Building
PO Box 53156
Oklahoma City, Oklahoma 73152
Telephone 405-521-2391
Fax 405-521-6457
Sincerely,
Michelle Waddell
Executive Assistant to M. Susan Savage
Oklahoma Secretary of State
Dear XXX:
The office of the Secretary of State forwarded your e-mail to us.
The only responsibility we are afforded by law in connection with the appearance of Presidential candidates on the General Election ballot is to print on the ballot the names of the slates of presidential electors who are pledged to the nominees of the political parties recognized in this state and to any independent candidates or candidates of unrecognized parties who have qualified to appear on the ballot.
We do not have any authority under the law to make a determination as to whether any person is qualified to be a candidate for President of the United States or to hold that office if elected.
Thank you.
M. Fisher
Oklahoma State Election Board
Oklahoma law instructs the State Election Board to print the names of nominees for President and Vice President of any recognized political party based on receipt of their nomination by the party. We do not have the authority to challenge any nominee submitted by the recognized parties.
Vada Holstein
Customer Assistance Representative
Oklahoma State Election Board
Oregon
Dear XXX,
Major party candidates printed on the Primary ballot for US President are selected by the Secretary of State (ORS 249.078) who in the secretary's sole discretion has determined that the candidate's candidacy is generally advocated or is recognized in national news media; or by nominating petition described in this section and filed with the Secretary of State. Only major party candidates are printed on the primary ballot as Oregon has a closed primary. Candidates for minor parties are selected at their national conventions and the names of the President and Vice President are submitted for inclusion on the general ballot only. Candidates who are not a member of any party must gather signatures to gain ballot access. Since these offices are national offices, not state offices, the responsibility to determine eligibilty falls to the parties.
Sincerely,
Margie
Margie Franz
Compliance Specialist
Oregon State Elections Division
255 Capitol St NE Ste 501
Salem OR 97310
phone 503-986-1518
fax 503-373-7414
Pennsylvania
According to Section 2870 in the Pennsylvania Election Code.....In the case of a candidate for nomination as President of the United States, it shall not be necessary for such candidate to file the affidavit required in this section to be filed by candidates, but the post-office address of such candidate shall be stated in such nomination petition.
The office of President would fall under the Federal jurisdiction.
State candidates circulate petitions and file with the PA Dept. of State and submit their candidate's affidavit. If a person would like to object to either of those documents then they would have to file an objection in Commonwealth Court.
I hope this information has been helpful.
Jessica
Jessica Mathis
Chief, Division of Commissions/Elections
PA Department of State
Bureau of Commissions, Elections and Legislation
210 North Office Building
Harrisburg, PA 17120
(717) 787-5280
Rhode Island
I am forwarding you this letter in my capacity as Executive Counsel to Secretary of State A. Ralph Mollis and in response to your Freedom of Information Request dated November 24, 2008.
Our office does not have any of the records you specifically mention in your request. The only document we have in our office is a document entitled "Statement of Intent" for which I have attached a scanned copy.
If you should have any questions, feel free to contact my office.
Sincerely,
Mark P. Welch, Esquire
Executive Counsel
MPW/asd
Enclosure
Mark P. Welch, Esquire
Executive Counsel
Office of the Secretary of State A. Ralph Mollis
82 Smith Street, Room 217
Providence, RI 02903
(401) 222-2357
(401) 222-1356(fax)
E-Mail: mwelch@sec.state.ri.us
South Carolina
Section 7-11-20(2) of the South Carolina Code of Laws states in part that ...”Political parties must verify the qualifications of candidates prior to certifying to the State Election Commission the names of candidates to be placed on primary ballots. The written certification required by this section must contain a statement that each certified candidate meets, or will meet by the time of the general election, or as otherwise required by law, the qualifications in the United States Constitution, statutory law, and party rules to participate in the presidential preference primary for which he has filed. Political parties must not certify any candidate who does not or will not by the time of the general election meet the qualifications in the United States Constitution, statutory law, and party rules for the presidential preference primary for which the candidate desires to file, and such candidate's name must not be placed on a primary ballot.”
Neither the South Carolina Secretary of State nor the State Election Commission has the authority to examine or investigate the qualifications of Presidential candidates.
Again, the South Carolina Code of Laws states that political parties are responsible for verifying that their candidates meet the qualifications for the office in which they seek.
Reneé S. Daggerhart
Media Relations Director
South Carolina Secretary of State's Office
(803) 734-0629 Office
(803) 734-1661 Fax
South Dakota
Our state is required to ensure that the presidential electors certified for the ballot are eligible. There is no requirement to verify eligibility of Presidential or Vice Presidential candidates. Such verification would be the responsibility of the elected presidential electors.
Chris Nelson
Secretary of State
Secretary of State's Office, 500 E Capitol Ave, Pierre, SD 57501
Phone: 605-773-3537 Fax: 605-773-6580
Email: chris.nelson@state.sd.us Web Page: www.sdsos.gov
Tennessee
Mr. XXX,
Thank you for your inquiry on this matter. The answer to your question is as follows and was taken directly from the secretary of states website. You should be able to click on the link to view the pdf (http://state.tn.us/sos/election/qualify/qu-pres.pdf). The secretary of states website also has a lot more information on voting so feel free to look at that as well, http://state.tn.us/sos/. Also attached is a word document of the pdf as well. Yes the candidates have to be verified but this document and website will give you a detailed explanation. Please let me know if there is anything else I can do and thanks again for your request.
Gary Ferguson
Gary Ferguson
Tennessee State Library and Archives
403 Seventh Avenue North
Nashville, TN 37243
615-741-1549
gary.a.ferguson@state.tn.us
Attachment
Coordinator of Elections
TENNESSEE BALLOT ACCESS PROCEDURES FOR CANDIDATES FOR U.S. PRESIDENT
Statewide Party Candidates
No later than the first Tuesday in February (February 5, 2008) in a year in which presidential electors are elected, a Presidential Preference Primary will be held in Tennessee for each statewide political party. TCA §§2-5-205 and 2-13-302. There are two methods by which candidates for nomination to the Presidency by either the Democratic or Republican Party may qualify to appear on the ballot in the Presidential Preference Primary in Tennessee.
♦ One method is to be named by the Secretary of State, who is required to submit a list of names to the State Election Commission no later than the first Tuesday in December (December 4, 2007). TCA §2-5-205. The Secretary of State has sole discretion to include only those candidates that he has determined are generally advocated or recognized as candidates in national news media throughout the United States. TCA §2-5-205.
♦ The other method for a party candidate to gain access to the primary ballot is to submit a petition signed by at least twenty-five hundred (2,500) registered voters no later than 12:00 noon, prevailing time, on the first Tuesday in December (December 4, 2007).
TCA §2-5-205. Petitions may be obtained no more than 90 days before the qualifying
deadline date (first date to obtain petition is September 5, 2007). Nominating petitions are to be filed with the State Election Commission and certified duplicates with the Coordinator of Elections (both of these shall be submitted to 312 Rosa L. Parks Ave., 9th Floor, William Snodgrass Tower, Nashville, Tennessee 37243) and with the chairperson of the state executive committee of the candidate's party. There are no filing fees.
State Democratic Party
223 Eighth Avenue North, Suite 200
Nashville, TN 37203
(615) 327-9779
State Republican Party
2424 21st Avenue South, Suite 200
Nashville, TN 37212
(615) 269-4260
The Secretary of State shall advise each of the prospective candidates by the most expeditious means available that, unless a candidate withdraws the candidate's name by 12:00 noon, prevailing time, on the second Tuesday in December (December 11, 2007), the candidate's name will appear on the ballot of the candidate's party in the Presidential Preference Primary. If such a person executes and files with the State Election Commission an affidavit stating without qualification that the candidate is not and does not intend to become a candidate for president in the forthcoming presidential election, the candidate's name shall not be on the ballot. TCA §2-5-205.
On the first Tuesday in February (February 5, 2008) before presidential electors are elected, a Presidential Preference Primary shall be held for each statewide political party to elect delegates to the national conventions of the parties. If no candidate will appear on the primary ballot of a party, then no presidential preference primary shall be held for that political party. TCA §2-13-205.
Independent Candidates
An independent presidential candidate must choose eleven (11) electors. For each of the nine congressional districts in Tennessee, one (1) elector will be elected who is a resident of the congressional district. Two (2) additional electors will be elected who may be residents of any part of the state. TCA §§2-15-101 and 2-15-102.
One nominating petition will be issued to the presidential candidate. The candidate must obtain the signatures and addresses of at least two hundred seventy-five (275) voters registered anywhere within the State of Tennessee. At the time of filing the nominating petition, the candidate must also file the names, addresses, and signatures of the vicepresidential candidate and the eleven electors who have agreed to represent the presidential candidate. Petitions may be obtained no more than 90 days before the qualifying deadline date (first date to obtain petition is May 23, 2008) from the office of the Coordinator of Elections. The filing deadline for petitions is 12:00 NOON, Central time, on the third Thursday in August (August 21, 2008). TCA §2-5-101(a).
The original petition must be filed with the State Election Commission and a certified duplicate with the Coordinator of Elections. A certified duplicate is a photocopy of the original petition on which the candidate or the person making the copy writes “This is a true copy of the original” along with the candidate’s or copier’s signature. Both the original and certified copy shall be submitted to the following address:
Division of Elections
312 Rosa L. Parks Ave.
9th Floor, William R. Snodgrass Tower
Nashville, Tennessee 37243
(615) 741-7956
A postmark will not suffice. TCA §§2-5-101(a), 2-5-103(a) and 2-1-108.
Election Procedures
On November 4, 2008, the voters of Tennessee will vote for a presidential candidate who shall have pledged to him or her eleven (11) presidential electors. Voters will vote for the presidential candidate of the voter’s choice, and the electors pledged to the presidential candidate receiving the highest number of votes are elected to represent Tennessee in the Electoral College. TCA §§2-15-101 and 102.
Campaign Contribution and Disclosure Reports
All presidential candidates should contact the Federal Election Commission (1-800-424-9530 #4) for information regarding campaign contribution and disclosure reports and filing requirements. If campaign expenditures are made in Tennessee, the FEC requires presidential candidates to make certain filings in Tennessee with the Registry of Election Finance. The Registry's address is as follows:
404 James Robertson Parkway
Suite 1614
Nashville, Tennessee 37243-1360
(615) 741-7959
Tennessee Election Code
Copies of the 2007 Tennessee Election Code may be obtained by sending a check for $41.80 payable to the Secretary of State to the Coordinator of Elections. A returned check/collection agency fee of $25.00 will be assessed for every check not honored by the bank.
Texas
This question is outside the purview of the Office of the Secretary of State. We have no documents that are responsive to your request. We regret that we cannot be of assistance.
Elections Division
Office of the Texas Secretary of State
All party candidates including candidates for the presidential primary
attest to their eligibility to run for the office by filing sworn
statements as part of the application process. These statements are
filed with the political party chairs who ultimately certify the
candidates for placement on the ballot. You may wish to direct your
question to the political parties.
Thank you for your inquiry
Elections Division
(Sent by Melinda Nickless MNickless@sos.state.tx.us)
Utah
This issue is addressed by the code sections presented below. The references link to the Utah Legislature's web site so you can reference the statutes.
Candidates nominated by political parties that are registered in the State of Utah for inclusion on the general election ballot:
Utah Code Annotated
20A-9-202
http://le.utah.gov/~code/TITLE20A/htm/20A09_020200.htm
See subsection 4 in particular.
Candidates who wish to participate in the Western States Presidential Primary:
20A-9-202.5
http://le.utah.gov/~code/TITLE20A/htm/20A09_020205.htm
20A-9-803
http://le.utah.gov/~code/TITLE20A/htm/20A09_080300.htm
Candidates unaffiliated with a registered political party who wish to appear on the general election ballot:
20A-9-501
http://le.utah.gov/~code/TITLE20A/htm/20A09_050100.htm
20A-9-502
http://le.utah.gov/~code/TITLE20A/htm/20A09_050200.htm
20A-9-503
http://le.utah.gov/~code/TITLE20A/htm/20A09_050300.htm
Based on US Supreme Court rulings in Anderson v. Celebrezze, (460 US 780 (1983)), we do not enforce the March 17 deadline for presidential candidates. In 2008 our deadline was September 3.
Write-in candidates 20A-9-601
http://le.utah.gov/~code/TITLE20A/htm/20A09_060100.htm
We understand that the legislature will consider modifications to the sections governing candidates not affiliated with registered political parties and write-in candidates in the upcoming general session. However, a bill is not yet available for review.
Michael Cragun, Deputy Chief of Staff
Office of the Lieutenant Governor
State of Utah
PO Box 142325
Salt Lake City, Utah 84114-2325
(801) 538-1041
(801) 538-1133 fax
This issue is addressed by the code sections presented below. The references link to the Utah Legislature's web site so you can reference the statutes.
Candidates nominated by political parties that are registered in the State of Utah for inclusion on the general election ballot:
Utah Code Annotated 20A-9-202
http://le.utah.gov/~code/TITLE20A/htm/20A09_020200.htm
See subsection 4 in particular.
Candidates who wish to participate in the Western States Presidential Primary:
20A-9-202.5
http://le.utah.gov/~code/TITLE20A/htm/20A09_020205.htm
20A-9-803
http://le.utah.gov/~code/TITLE20A/htm/20A09_080300.htm
Candidates unaffiliated with a registered political party who wish to appear on the general election ballot:
20A-9-501
http://le.utah.gov/~code/TITLE20A/htm/20A09_050100.htm
20A-9-502
http://le.utah.gov/~code/TITLE20A/htm/20A09_050200.htm
20A-9-503
http://le.utah.gov/~code/TITLE20A/htm/20A09_050300.htm
Based on US Supreme Court rulings in Anderson v. Celebrezze, (460 US 780 (1983)), we do not enforce the March 17 deadline for presidential candidates. In 2008 our deadline was September 3.
Write-in candidates
20A-9-601
http://le.utah.gov/~code/TITLE20A/htm/20A09_060100.htm
We understand that the legislature will consider modifications to the sections governing candidates not affiliated with registered political parties and write-in candidates in the upcoming general session. You may view the bill at:
http://le.utah.gov/~2009/htmdoc/sbillhtm/sb0027.htm
Michael Cragun, Deputy Chief of Staff
Office of the Lieutenant Governor
State of Utah
PO Box 142325
Salt Lake City, Utah 84114-2325
(801) 538-1041
(801) 538-1133 fax
mcragun@utah.gov
Vermont
Good morning,
Under Vermont law our office does not judge or make any determinations about the qualifications of candidates to appear on the ballot.
If a candidate submits properly completed and signed forms that are required by our statutes, our office puts the candidate name on the ballot.
Best Regards, Kathy
Kathleen S. DeWolfe
Director of Elections & Campaign Finance
VT Office of the Secretary of State
26 Terrace Street
Montpelier, VT 05609-1101
(802) 828-2304
Visit us on the web at http://www.sec.state.vt.us
________________________________________
From: Deb Markowitz
Sent: Friday, January 09, 2009 8:28 AM
To: Kathy DeWolfe
Subject: FW: Ascertaining the eligibility of candidates on the ballot
For you
Deborah Markowitz
Secretary of State
26 Terrace Street
Montpelier, Vermont 05602
802-828-2148
Virginia
The Office of the Secretary of the Commonwealth does not administer election laws for Virginia . That is the responsibility of the State Board of Elections. That agency may be contacted at info@sbe.virginia.gov regarding your request.
Bernie Henderson
Senior Deputy Secretary of the Commonwealth
Office of the Governor
Office: (804) 692-0112
Fax: (804) 786-9549
Every candidate for elective office in the Commonwealth must complete a form called the Certificate of Candidate Qualification. It allows the person to affirm their qualification to hold the office sought. The Certificates can be viewed on the State Board of Elections website through the following link (http://www.sbe.virginia.gov/cms/Cidate_Information/Cidate_Forms.html). The form varies slightly for each office as each has slightly different qualification criteria.
The form requires truthfulness under penalty of law. Neither State Board nor local election officials are granted investigative or prosecutorial powers by the General Assembly. If a candidate makes a false statement on their Certificate of Candidate Qualification, provable evidence is turned over to the local Commonwealth's Attorney office in jurisdiction in which the candidate resides. Their office will investigate and prosecute if the evidence provided is proven true.
The Code of Virginia addressed ballot access for political parties and individuals for President and Vice President in §§ 24.2-542 - 543 (http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+TOC24020000005000000000000). As you see, the actual candidates for the political parties or individuals who qualify for the ballot in Virginia are the Electors for President. The national party candidates appear on the ballot but they are not the candidates. Therefore, no qualification statement is ever received from the national nominee. In the case of the recognized national parties (Democrats and Republicans), the National Chairman certifies the nomination of their nominees. If they certify an unqualified candidate, the penalty is upon them since the successful non-qualified candidate would be unable to take office.
If you wish to change the current Code Sections, please contact your representatives in the General Assembly (http://legis.state.va.us/). Only they can change the law.
Sincerely,
Matthew J. Abell
Assistant Manager,
Election Services Division
State Board of Elections
Commonwealth of Virginia
800-552-9745 x8915
804-864-8915
matt.abell@sbe.virginia.gov
Washington
Dear Xxxx,
Thank you very much for writing.
Below is a response to the Barack Obama citizenship issue written by Assistant Secretary of State Steve Excell:
Between August 25-38, 2008, The Democratic National Central Committee held their annual convention in Denver and nominated Barack Obama for President.
US Constitution, Article II, Section 1, says: No person except a natural born citizen, or a citizen of the United States, at the time of the adoption of this Constitution, shall be eligible to the office of President; neither shall any person be eligible to that office who shall not have attained to the age of thirty-five years, and been fourteen years a resident within the United States.
(For all state and local offices, the prospective candidate pays a filing fee, must be a registered voter in the jurisdiction for the office they are seeking, and must sign an affidavit to that effect. There is no background investigation, nor are there any other qualifications for public office as there is for Presidential candidates.)
At anytime over the past 2 years that Mr. Obama has been running, his qualifications could have been challenged within his own party during the Convention, or someone could have challenged them in Federal Court. No one has to date.
The Courts are very skeptical of any last-minute elections lawsuit filed in the closing weeks of any election because Judges do not like litigants "gaming" the electoral process to win advantages for their candidate or ballot proposition.
The news media claims to have investigated the qualifications of both Presidential candidates and claim both meet the Constitutional requirements. I have no details as to how they reach that conclusion.
Our state law says the major parties Presidential nominees will appear on our General Election ballot. And, we are following that law.
Your question arises perhaps because Mr. Marquis has recently sued us in King County, hoping to force an investigation into Barack Obama's qualifications. Mr. Obama has no nexus nor ties to Washington State, and we have no jurisdiction to investigate matters which occurred in other states. Nor do we have the power to exclude anyone, who files for office, from appearing on the ballot absent a court order.
I hope this information is helpful to you.
Please let me know if you need anything else.
Sincerely,
Ingrid Pharris
Executive Assistant
Office of the Secretary of State
PO Box 40220
Olympia, WA 98504
360.902.4142
West Virginia
Thank you for your inquiry regarding Presidential and Vice Presidential candidate filings in West Virginia . The Certificate of Announcement that all candidates complete, sign and submit to our office includes a statement, “I swear and affirm that I am a candidate for this office in good faith and I am eligible and qualified to hold this office”. Our election law has a provision that says that anyone “who knowingly provides false information on the certificate is guilty of false swearing” and may be guilty of a felony. We do not actively investigate the qualifications of candidates who file with our office unless someone files an official complaint.
I hope this information is helpful to you. Do not hesitate to contact our office again if you need additional information.
Susan Silverman
WV Secretary of State's Office
Elections Division
(304) 558-6000
(866) 767-8683
www.wvsos.com
Wisconsin
Thank you for your inquiry about ballot access requirements for presidential candidates in Wisconsin. State law provides two methods for qualifying for the ballot. Candidates of political parties with ballot status must be certified by either the state or national party chair and file a sworn declaration of candidacy. §§8.16 (7), 8.21, Wis. Stats. Independent candidates for president must circulate and file nomination papers along with a sworn declaration of candidacy. §8.20, Wis. Stats. The Declaration of Candidacy requires the candidate to swear under oath he or she meets all the applicable eligibility requirements to hold the office. §8.21, Wis. Stats.
Kevin J. Kennedy
Director and General Counsel
Wisconsin Government Accountability Board
608-266-8005
kevin.kennedy@wi.gov
The G.A.B. does not independently verify a presidential candidate’s eligibility for office. The candidate files a sworn oath that they are eligible, the Declaration of Candidacy (EB-162). Filing a false Declaration of Candidacy is a Class I felony. Specifically for the office of President of the United States, the U.S. Congress is required to confirm the candidate’s eligibility when they certify the results of the Electoral College.
Sincerely,
David Buerger
Elections Specialist
david.buerger@wisconsin.gov
(608) 267-0951
Wyoming
Dear XXX
The Wyoming Secretary of State takes the certification from the national parties as to who their candidate is for President and Vice President.
Peggy Nighswonger, CERA
State Election Director
Wyoming Secretary of State's Office
200 W. 24th St.
Cheyenne, WY 82002-0020
Ph. (307) 777-3573
Cell (307) 287-6477
Fax (307) 777-7640
E-mail pnighs@state.wy.us
National Archives and Records Administration
Dear Mr. ----,
The National Archives and Records Administration (NARA) does not have the legal authority to research a candidate's qualifications. Under Title 3 of United States Code, the NARA ensures the facial sufficiency of the Certificates of Ascertainment and the Certificates of Vote. We verify that all the information required to be included on the Certificates is included and we ensure they are received on or before the legally mandated deadlines. We also control the integrity of the Certificates by limiting the number of people handling the documents. NARA has not been delegated the authority either by a Constitutional Amendment or from Congress to verify that a presidential candidate qualifies to become President.
NARA is responsible for transmitting two of the original Certificates of Ascertainment to the House and Senate and making one original available for public inspection at the Federal Register.
NARA ensures that all 538 electoral votes are accounted for on the Certificates of Vote and are delivered to the Congress to be unsealed and counted on the date of the official tally (January 8, 2009).
After one year the Certificates of Ascertainment and the Certificates of Vote are placed in the permanent custody of NARA where they serve as an enduring testimonial to the strength and resilience of our political system.
The process of qualifying for the election and having a candidate's name put on the ballot varies from state to state. Usually the state Secretary of State's office or Election Board handles federal election matters on behalf of the Governor. You can find contact information for state Secretaries of State at www.nass.org.
Under federal law an objection to a state's electoral votes may be made to the President of the Senate during Congress's counting of electoral votes in January. The objection must be made in writing and signed by at least one Senator and one member of the House of Representatives. Both the Senate and the House of Representatives debate the objection separately. Debate is limited to two hours. After the debate, both the Senate and the House of Representatives rejoin and both must agree to reject the votes.
As the law currently stands, Congress has not given NARA the authority to vet candidates' qualifications. You can:
1. contact your Congressional representatives regarding federal oversight of the qualification process.
2. contact your representatives regarding objections to the counting of electoral votes on January 8, 2009.
3. contact your state Secretary of State to inquire about qualification procedures for candidates to be put on the state's ballot.
Legal Affairs and Policy
Office of the Federal Register
National Archives and Records Administration
See also
References
- ↑ Official Code of Georgia, Lexus Nexus website
- ↑ Candidate Training Guide, Georgia Secretary of State
- ↑ FIND OUT WHETHER BARACK OBAMA IS A NATURAL BORN CITIZEN AS REQUIRED UNDER ARTICLE II OF THE U.S. CONSTITUTION AND STOP THE ELECTORAL COLLEGE FROM VOTING FOR HIM, IF HE IS NOT!, jbjd, jbjd blog, November 15, 2008.
- ↑ Fred Smart's Program thread, JJ, Democratic Disasters website, November 12, 2008
Links
- DNC's Official Certification of Nomination from 2008 Democratic Party Convention
- DNC Delegate Selection Rules, including a section on page 18 stating that candidates must be eligible under the US Constitution.
- Your Fellow Citizen blog, a similar project to collect assorted responses about vetting the candidates.